Town of Secaucus, NJ Article III Vicious Dogs

§ 67-46 Seizure and impoundment.

A. Seizure and impoundment of dog by Animal Control Officer; grounds. An Animal Control Officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog:

(1) Attacked a person and caused death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to that person;

(2) Caused bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals;

(3) Engaged in dog fighting activities as described in R.S. 4:22-24 and R.S. 4:22-26; or

(4) Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the Municipal Health Officer, the dog may be impounded in a facility or other structure agreeable to the owner.

B. Notice of seizure and impoundment; determination of identity of owner; notice of hearing; return of statement to owner; destruction of dog.

(1) The Animal Control Officer shall notify the Secaucus Municipal Court and the Secaucus Health Officer immediately that he has seized and impounded a dog pursuant to section 3 of P.L. 1989, c. 307 (C. 4:19-19), or that he has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The Animal Control Officer shall, through a reasonable effort, attempt to determine the identity of the owner of any dog seized and impounded pursuant to section 3 of P.L. 1989, c. 307. If its owner cannot be identified within seven days, that dog may be humanely destroyed.

(2) The Animal Control Officer shall, within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant to section 3 of P.L. 1989, c. 307 (C. 4:19-19), notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that the owner return within seven days, by certified mail or hand delivery, a signed statement indicating whether he wishes the hearing to be conducted or, if not, to relinquish ownership of the dog, in which case the dog may be humanely destroyed. If the owner cannot be notified by certified mail, return receipt requested, or refuses to sign the certified letter, or does not reply to the certified letter with a signed statement within seven days of receipt, the dog may be humanely destroyed.

C. Agreement between municipality and dog owner. Notwithstanding any provision to the contrary, Secaucus and the owner of the dog may settle and dispose of the matter in accordance with N.J.S.A. 4:19-21.1, at any time in such manner and according to such terms and conditions as may be mutually agreed upon. Notwithstanding any provision of P.L. 1989, c. 307 to the contrary, neither Secaucus nor any of its employees shall have any liability by virtue of having entered into any settlement agreement pursuant to this section, or for any action or inaction related to the entry into such agreement, for any injuries or damages caused thereafter by the dog. Secaucus may, as a condition of the settlement agreement, also require that the owner of the dog hold the municipality harmless for any legal expenses or fees Secaucus may incur in defending against any cause of action brought against Secaucus notwithstanding the prohibition against such causes of action set forth in this section.

D. Finding to declare dog vicious; grounds. The Municipal Court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:

(1) Killed a person or caused serious bodily injury as defined in N.J.S.A. 2C:11-1(b) to a person; or

(2) Has engaged in dog fighting activities as described in R.S. 4:22-24 and R.S. 4:22-26.

A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.A. 2C:11-1(b) upon a person if the dog was provoked. Secaucus shall bear the burden of proof to demonstrate that the dog was not provoked.

If the Municipal Court declares a dog to be vicious, and no appeal is made of this ruling pursuant to section 9 of P.L. 1989, C. 307 (C. 4:19-25), the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.

E. Finding to declare dog potentially dangerous.

(1) The Municipal Court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:

(a) Caused bodily injury as defined in N.J.S.A. 2C:11-1 (a) to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person; or

(b) Killed another domestic animal; and

(c) Has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

(2) A dog shall not be declared potentially dangerous for:

(a) Causing bodily injury as defined in N.J.S.A. 2C:11-1(a) to a person if the dog was provoked; or

(b) Killing a domestic animal if the domestic animal was the aggressor.

For the purposes of paragraph (2)(a) of this subsection, Secaucus shall bear the burden of proof to demonstrate that the dog was not provoked.

F. Order and schedule for compliance for potentially dangerous dog.

(1) Obtain potentially dangerous dog license.

(2) Display a warning sign of potentially dangerous dog on premises.

(3) Erect and maintain enclosure for potentially dangerous dog.

(4) Any other conditions as set by the court.

G. Procedures for appeal. The owner of the dog or the Animal Control Officer may appeal any final decision or order of the Municipal Court by filing an appeal with the Superior Court Law Division.

H. Liability of owner for cost of impoundment and destruction.

(1) The owner of a declared vicious or potentially dangerous dog for which all appeals have been exhausted shall be liable to Secaucus for costs and expenses of Secaucus for impounding and destroying the dog.

I. Duties of owner of potentially dangerous dog.

(1) The owner of a potentially dangerous dog shall comply with the provisions of the Municipal Court order, and notify the licensing authority if the potentially dangerous dog is at large.

(2) The owner shall notice the licensing authority, local Police Department and Animal Control Officer within 24 hours of the death, sale or donation of a potentially dangerous dog.

(3) Prior to selling or donating the dog, the owner shall notify the prospective owner that the dog has been declared potentially dangerous.

(4) Upon the sale or donation of the dog, the owner must notify the department and licensing authority, Police Department and Animal Control Officer of Secaucus of the transfer of ownership and the name, address and telephone number of the new owner.

J. Violations by owner.

(1) The owner of a potentially dangerous dog who violates this act is subject to a fine of not more than $1,000 per day. The Animal Control Officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with N.J.S.A. 4:14.17 et seq.

K. Secaucus shall:

(1) Issue a potentially dangerous dog registration number and red identification tag as long as owner complies with court order.

(2) Publicize a telephone number for reporting violators of this section.

L. Fees for license. The annual fee for a potentially dangerous dog license and each renewal thereof shall be $700.

M. Inspection of enclosure. The Animal Control Officer shall inspect the enclosure and the owner's property at least monthly to determine continuing compliance with this section.